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  • Notice for voluntary strike off

    Posted by Phill Fenton on November 3, 2021 at 9:35 am

    I have been chasing a bad debt for the last couple of months and today went onto companies house to discover the company involved has applied for voluntary strike off. My question is what does this mean for me? It looks like I’m not going to be paid or is there any action I can take before the company is dissolved to try and get paid? Should I raise a small claims (In Scotland it called simple claims procedure and is done on line) or am I simply wasting my time?

    David Hammond replied 2 years, 8 months ago 3 Members · 2 Replies
  • 2 Replies
  • Jamie Wood

    Member
    November 3, 2021 at 10:44 am

    Looks like you may be able to object….

    It means somebody (perhaps companies house due to non filing of accounts) or the directors themselves, has applied to have the company struck off the register.

    Any creditors of the company can object to this.

    If nobody objects, and the company is subsequently struck off, any assets owned by the company (including cash in the company bank account) will then become under the ownership of the crown under a term known as ‘bona vacantia’ (meaning no owner).

    The company’s creditors will go without, should the company be successfully struck off. They (any creditors or interested parties) should therefore raise an objection if they wish to recover their monies.

  • David Hammond

    Member
    November 3, 2021 at 12:15 pm

    As Jamie says, you can object. It will delay it.

    They’ll re-apply, you object, until Companies House get tired, and they just strike it off.

    Unfortunately the harsh reality is, you’re probably not going to see the money. 😠

    Search out the “sponge bob plan” which was quite common. The only hope is they used their BBL wrongly and its investigated as there have been some harsh penalties handed out.

    • This reply was modified 2 years, 8 months ago by  David Hammond.

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